Biranchi Narayan Rath v. Satya Narayan Behera
Case brief
What is this about?
Orissa High Court, CRLLP No.11 of 2025, Justice Aditya Kumar Mohapatra, decision dated 13.10.2025. Keywords: leave to appeal against acquittal; Section 419(4) BNSS; Section 378(4) Cr.P.C.; proviso to Section 372 Cr.P.C.; proviso to Section 413 BNSS; complainant treated as victim; affected party; Section 138 NI Act complaint; JMFC Cuttack acquittal dated 13.01.2025 (1.C.C. No.233 of 2019); condonation of delay lenient view; relied on M/s. Celestium Financial vs. A. Gnanasekaran Etc., (2005) SCC OnLine SC 1320. Outcome: leave application disposed of with liberty to appeal under proviso to S.413 BNSS; no monetary relief.
What did the court decide?
Liberty granted to the Petitioner to prefer an appeal against the acquittal under the proviso to Section 413 BNSS (corresponding to the proviso to Section 372 Cr.P.C.) together with an application for condonation of delay, which the appellate court shall entertain by taking a lenient view of the delay; certified copy of Annexure-2 to be returned to the Petitioner after substituting the authenticated Xerox copy.